It is every parent’s responsibility to take care of their kids whether they are still in a relationship with the other parent or not. This not so difficult to comprehend reality of looking after your offspring, is sadly not taken serious by some parents.
Children’s needs should always come first, and no one person should carry the burden of providing for a child on their own, unless they have stated they intent to do so.
In a case where the one parent is neglecting his/her responsibility by not providing for the child, the law can compel them to take responsibility for half of the child’s expenses. For those not sure how to go about filing for maintenance, the Western Cape Government and the Department of Justice and Constitutional Development (National) share the information below on all you need to know about child maintenance.
Essential facts about child maintenance
- If you don’t know the whereabouts of your child’s other parent, maintenance investigators can trace them and determine their financial capabilities.
- Parents are required to pay maintenance until a child is self-supporting.
- The court determines how much a child needs.
- If maintenance isn’t paid, the court can take the money from the maintenance payer’s salary, their investment account, auction their property or issue a warrant of arrest.
- The maintenance amount can increase or decrease depending on the financial circumstances.
Why should I pay maintenance?
Known as the “duty to maintain” or the “duty to support”, all parents have the responsibility to ensure that their children have access to necessities such as: shelter, clothing, medical care, schooling and food.
The application process
- A maintenance clerk will submit your forms to the maintenance office for review and registration.
- Submit proof of your monthly income and expenses such as receipts for food purchases and electricity/rent bills along with your completed form.
- You’ll then receive a reference number.
- The court will serve a summons (a letter instructing a person to come to court) on the respondent (the parent or guardian who should pay maintenance) to appear in court on a specific date to discuss the matter.
- The magistrate will review the relevant documentation. He/she will then make an order and may decide to do so without requiring the parties to appear in court.
- If the responsible person doesn’t consent to the issuance of an order, they must appear in court, where evidence from both parties and their witnesses will be heard.
- If the court finds the person liable for paying maintenance, payments must be made. It’s a criminal offence not to pay.
How are payments made?
- At the local magistrate’s office and designated government offices.
- To the bank account of the primary caregiver.
- Directly to the primary caregiver.
- By means of deducting the money from the maintenance payer’s salary (garnishee order), in accordance with the Maintenance Act, 1998.
- If your child is 18 and not self-supporting, maintenance should be paid into the child’s bank account.
Also see: Strategies to teach your child emotional intelligence
